Basics of and Development Review

A Historical Perspective on planning and development regulation

2015 Central Texas Elected & Speaker: Appointed Officials Planning Dave Gattis, FAICP Workshop Benbrook Deputy Manager Sponsored By [email protected] Texas Chapter of American Planning Association

Based on A Guide to in Texas Communities of the Texas Chapter of American Planning Association.

1 Why Planning is Important

National Survey (APA, 2000) Statewide Survey (TXAPA, 2002)

Likely voters want: Likely voters want: . Professional planners in their . Important to have community community (81%) planner (85%) . Adequate schools and . Protect open spaces, coastal educational facilities (76%) areas and parkland (88%) . Availability of public services . Provide incentives for affordable (74%) housing (85%) . Create and protect parks and . Create transportation options recreation areas (67%) like light rail, bus transit and . Preserve farmland and open bicycle trails (81%) space (67%) . Support right of local . Protect wetlands and other communities to make decisions natural areas (65%) for private property (81%) . Create options (64%)

These are all planning issues!

Planning in America: Perceptions and Priorities, June 2012

1300 respondents nationwide interviewed by Harris for American Planning Association and Collective Strength

Prepared to update 2000 survey, to measure support for planning, and determine strength of attacks on planning, such as Agenda 21

Summary report available at http://www.planning.org/policy/economicrecovery/

2 QUESTION Some people believe that community planning is a necessary part of improving the U.S. economy and encouraging job growth, while others believe that "market forces" alone will help the economy and bring more jobs. Which of the following statements comes closest to your belief? ANSWER 66% believe that both community planning and market forces are necessary for economic growth and job creation

SEGMENT SUB-SEGMENT % MARKET FORCES ALONE ENOUGH Democrat 6% Political Affiliation Republican 22% Independent 14% White 15% Race/Ethnicity African American 8% Hispanic 15% Urban 13% Type of Community Suburban 14% Rural 23% Small Town 9%

Source: APA, 2012

QUESTION Generally, do you agree or disagree that your community could benefit from a community plan as defined as "Community planning is a process that seeks to engage all members of a community to create more prosperous, convenient, equitable, healthy and attractive places for present and future generations"?

ANSWER 79% agree that their community could benefit from planning as defined 9% disagree (12% don’t know)

88% of Democrats agree 77% of Republicans agree 81% of Independents agree

Source: APA, 2012

3 QUESTION Some people believe their community needs planning, while others believe it should be left alone. Which comes closest to your belief? ANSWER 66% say planning is needed in my community 17% say planning is not needed (17% don’t know)

77% agree that “Communities that plan for the future are stronger and more resilient than those that don’t”

SEGMENT SUB-SEGMENT % PLANNING IS NEEDED

Democrat 75% Political Affiliation Republican 65% Independent 67% White 66% Race/Ethnicity African American 69% Hispanic 67% Urban 73% Type of Community Suburban 65% Rural 59% Small Town 67%

Source: APA, 2012

QUESTION Now please think about an "ideal community" for you to live in and tell us whether each of the following would be a high, medium, or low priority for you.

FACTORS IN AN IDEAL COMMUNITY % HIGH PRIORITY Locally owned businesses nearby 55% Being able to stay in the same neighborhood while aging 54% Availability of sidewalks 53% Energy-efficient homes 52% Availability of transit 50% Neighborhood parks 49% Mix of housing price ranges 43% A place that attracts young professionals to live 42% A place with lots of things for kids to do 41% Mix of housing choices 41% Schools within walking distance 37% Jobs within walking distance 33% Unique character and/or culture 32% Restaurants within walking distance 31% Availability of bike lanes 25% A place with lots of young children 17% Houses being generally the same size 6%

Source: APA, 2012

4 Recent Attacks on Planning Private Property Rights Fifth and 14th amendments to US Constitution Texas Private Real Property Protection Act Agenda 21 . Report from 1992 UN Conference on Environment and Development. No legally-binding requirements. Not a UN conspiracy. . All planning is not related to Agenda 21. , , smart growth, , and pedestrian-oriented development are not code words for Agenda 21. . Planning as a result of Agenda 21 does not prohibit single family homes, car ownership, family farms, or private property rights

QUESTION Do you support or oppose United Nations Agenda 21?

Table 10: Support for United Nations Agenda 21 (by sub-segment)

SEGMENT SUB-SEGMENT % SUPPORT % OPPOSE Democrat 8% 2% Political Republican 3% 14% Affiliation Independent 3% 11% White 3% 11% Race/Ethnicity African American 9% 7% Hispanic 14% 7% Urban 11% 9% Suburban 5% 10% Type of Rural 3% 11% Community Small Town 3% 7% Source: APA, 2012

5 “If you don’t have a plan for where you are going, you might end up somewhere else”

--attributed to Casey Stengel

“If you want to predict the future, create it.”

-- Peter Drucker “The will to win is nothing without the will to prepare.“ -- Runners World, April, 1991

“A vision without a plan, is a hallucination.” -- Dallas Mayor Ron Kirk, November, 2000

What is Planning?

Planning as a design activity (maps etc.)

Planning as a decision- making process (selection from alternatives)

6 Development of City Planning as a Profession • Pre-1900s • Modern Physical Planning Period (1893- 1945) • Rational Comprehensive Planning Period (1945-1960s) • Post-Modern Planning Period (1960s to present)

Brief History of Planning in America

1573 – First Law of the Indies for Spanish settlements 1785 – Northwest Ordinance of 1787 (establishes one-mile grid and sections) 19th Century – Railroad town sites

7 Pre-20th Century American Planning

San Antonio 1777 Washington DC, 1791

Brief History of Planning

1857 – Frederick Law Olmstead and Calvert Vaux plan for Central Park, NY 1868 – Olmstead and Vaux plan for Riverside, Illinois

8 Brief History of Planning

1893 – World’s Columbian Exposition promotes Modern Physical Planning and (Daniel Burnham)

Modern Physical Planning

Process of graphically designing the future development of the City. espoused that social ills could be mitigated through proper design.

9 Modern Physical Planning Period 1901 New York Tenement House Law 1902 – Garden of Tomorrow . Ebenezer Howard, Letchworth, England 1907 - Hartford Commission 1909 - Burnham Plan of Chicago 1909 – 1st National Conference on City Planning

Modern Physical Planning Period 1911 – Kessler Plan for Dallas 1911 – Frederick Taylor’s Principles of Scientific Management, City Efficient Movement

10 Modern Physical Planning 1919 – Transcontinental convoy 1956 – Interstate Highway System

Modern Physical Planning Period 1916 - New York City Code 1917 – American City Planning Institute 1922 – Standard Zoning Enabling Act 1924 – Sunnyside Gardens . and Henry Wright 1926 – Ambler Realty v. Euclid

11 What is Zoning?

Zoning regulations govern the use of land, and the location, size and height of buildings. Zoning divides a jurisdiction into multiple districts, with each district containing a distinct set of regulations that are uniformly applied to all property within the district. Zoning ordinances consist of a text specifying the regulations and a map defining the location of the districts.

Zoning

History of Zoning Authority in U.S . New York City zoning ordinance (1916) . Standard Zoning Enabling Act (1922) . City of Euclid v. Amber Realty (1926) . Police power under Constitution Limitations on Zoning . Federal (5th and 14th Amendments) . Procedural due process . Substantive due process (regulatory takings) . State . Taking statute (applies to State and County, not City) . Vesting Stature (LGC 245) . Zoning Compensation bills

12 Modern Physical Planning Period 1925 – Concentric Zone Theory - Burgess 1925 – Cincinnati Comprehensive Plan 1928 – Standard Planning Enabling Act

Comprehensive Planning

1925 – Cincinnati Comprehensive Plan

1928 – Standard City Planning Enabling Act

1954 – General Plans funded under Sec. 701 of Housing Act

1999 – George W. Bush signs Texas comprehensive planning statute

13 Comprehensive Planning

Comprehensive Planning looks at more than just the physical design of the community, but also looks the inter-relationship of , infrastructure, community facilities, and other community programs.

Reviewing Comprehensive Plan Amendments

Administrative review . Have they given you everything that you require to make decision? Planning Review . Look at the big picture . Does the proposed change meet your planning goals?

14 Land Use Plan Amendments

Is this the best ultimate land use for this area, rather than the existing Land Use Plan designation? . Be careful not to react to cyclical market demands. Change when change is the right thing to do in the long term.

Are there any environmental constraints? (e.g. floodplains, noise, landfill issues)

Does the proposed land use make sense for that location? (land use conflicts, relationship to other uses, access, utility service, etc.)

Thoroughfare Plan Amendments

Most requests will be to delete, relocate, or reduce size of streets Is circulation maintained? . Street connectivity

Will a change in Thoroughfare Plan and/or Land Use Plan affect traffic volumes? Be careful to avoid choosing short-term gains over long-term benefits.

15 Zoning Relationship to Comprehensive Plan: . Which comes first, planning or zoning?

Relationship to Subdivision Regulation . Zoning regulates use, lot size, setbacks and heights . Plats regulate street and lot layout, infrastructure, etc.

Subdivision Regulations

Subdivision regulations govern the division of land into two or more parts. The regulations specify the standards for drawing and recording a plat, and requirements for public improvements necessary to make the property suitable for development.

16 Modern Physical Planning Period 1928-30 - Radburn, New Jersey 1929 - Regional Plan for New York John Nolen 1929 – Neighborhood Unit Concept Clarence Perry

Modern Physical Planning Period 1934 - Housing Act of 1934 . Federal Housing Administration 1935 - Resettlement Administration . Greenbelt cities 1939 – Sector Theory – Homer Hoyt 1941 – Local Planning Administration, by Ladislas Segoe, 1st Green Book

17 The Rational Planning Process Existing 1940s Continuing Conditions Planning Visioning

The Rational Strategies Planning & CITIZEN Actions Process is a INVOLVEMENT Goals decision- & Objectives making process Plans & of evaluating Policies alternatives. Needs Alternative Analysis Scenarios

Rational Comprehensive Planning Period 1947 – Levittown 1949 - Housing Act of 1949 . 1954 - Housing Act of 1954 . Section 701 planning funds 1956 – Federal Aid Highway Act

18 Rational Comprehensive Planning Period 1957 – Gruen Plan for Fort Worth 1961 – Statewide Zoning, Hawaii 1964 – Columbia, Maryland 1965 - Reston, Virginia

Strategic Planning – 1960s

More focused short-term planning effort that identifies: Mission of organization Internal strengths and weaknesses External opportunities and threats Future possible scenarios over next three to five years Specific goals and objectives to achieve mission. Objectives should be “SMART” Specific Measurable Attainable Results-based Time bound

19 Comprehensive Strategic Planning versus Planning

.Long range, 10-20 years .Mission directed .Comprehensive .Short range, 1- 5 years (geographical) .Realistically targeted .Comprehensive (physical, economic, social) .Market oriented .Value oriented .Action oriented .A policy guide .Identifies strengths, .Designates future land use weaknesses, opportunities, .Implementation tools and threats (regulations, funding) .Continuous

Post-Modernism Period 1960s – social and environmental movements 1960 – Image of the City, Kevin Lynch 1961 – Death and Life of Great American Cities, 1962 – Advocacy Planning, Paul Davidoff 1969 – Design with Nature, Ian McHarg

20 Post-Modernism Period 1969 – National Environmental Policy Act 1972 – Oscar Newman’s Defensible Space 1974 Housing and Community Development Act, CDBG 1984 – Seaside, Florida, New , Andres Duany and Elizabeth Plater-Zyberk

Crime Prevention Through (CPTED)

Design can affect behavior

Jane Jacobs, “The Death and Life of Great American Cities” 1961

Oscar Newman, “Defensible Space: Crime Prevention Through ” 1972

21 Crime Prevention Through Environmental Design (CPTED)

Natural surveillance Crime Triangle . Eyes on the street . Avoid blind spots An Offender Natural access control . Delineate public and private space . Clearly defined entrances Territorial behavior . Sense of ownership Crime

An Opportunity A Victim All three variables must be present. Eliminate at least one and the crime can be prevented.

New Urbanism Reject Euclidean Zoning in Congress for the favor of Form-based . Ahwahnee Principles (1991) Design Codes Charter for the New Urbanism . Mixed uses . Design based on scale . Regulate form rather . Metropolitan, City and Town than use goals . Human-scale design . Block, street and Building goals AKA Traditional Neighborhood Design Respect street grid, . New urbanism at neighborhood connectivity scale

Source: DPZ and Associates

22 Form-based Codes -The Transect

Form-Based Regulating Plans

Human-Scale Streets

23 Visioning Software Technology

Geographic Information Systems – 1990s . Intelligent maps (location and tabular) . ArcGIS (ESRI), MapInfo, others

Recent Trends in Planning

1980s - Growth Management Hawaii, Oregon, Florida, Georgia

1990s - Smart Growth, Sustainable Development

2000 - Disaster Mitigation Act

2000s – Traffic Calming, Context-sensitive Solutions

24 Smart Growth

Term attributed to Maryland Governor Parris Glendening Scale: Regional vs. Local Features of Smart Growth: . Compact development . Mixed uses . Mobility choice (pedestrian orientation) . Open space preservation . development

The Domain, Austin

Regional vs. Local Scale Smart Growth

Regional Programs include growth management that directs the timing and location of development . Urban growth boundaries . Adequate public facilities ordinances . Cluster or conservation developments . Transfer of development rights

25 Regional vs. Local Scale Smart Growth

Local Programs are projects that incorporate principles of smart growth . Mixed uses . Pedestrian orientation . Transportation alternatives . Preservation of public open space . Compact development

Maximum density vs. minimum density

Set-back lines vs. build-to lines

Smart Growth Programs in Texas Austin . Smart Growth Matrix . Envision Central Texas Flower Mound . Adequate Public Facilities Ordinance North Central Texas Council of Governments . Center for Development Excellence . Vision North Texas Smart Growth Projects Examples

Addison Circle Southlake Town Center Plano Transit Village The Domain - Austin

26 Sustainable Development

Intergenerational and intragenerational equity Protecting and living within the natural carrying capacity of the natural environment Minimization of natural resource use Satisfaction of basic human needs Sustainable Development versus Consumptive Development

Three “E”s of sustainability . Economy . Environment . Equity

Sustainability Indicators

Sustainability Indicators Project of Central Texas Indicators of . Public Safety . Education and Children . Opportunity . Civic Engagement . Economy . Health . Natural Environment

27 Sustainable Development – Better Site Planning

Cluster Development

28 Sustainable Development – Green Building LEED-Leadership in Energy & Environmental Design U.S. Green Building Council Rating System based on . Sustainable sites . Water Efficiency . Energy and Atmosphere . Materials & Resources . Indoor Environmental Quality . Innovation & Design Process LEED-ND

Disaster Mitigation Planning

29 Traffic Calming

Context-Sensitive Design

Limits on Authority to regulate Development Legislative (zoning) versus Ministerial (platting) acts Arbitrary and capricious decisions Ultra vires – regulating beyond your authority Takings – results from overregulation that denies all use of property Procedural due process (error in notice, denial of hearing, Open Meetings Act violations, conflict of interest) Vested Rights – Chapter 245 LGC – rules are vested at time of initial application for project Manufactured Housing Religious Institutions (RLUIPA of 2000)

30 Capital Improvements Planning

CIP is a plan for the investment of public funds in public infrastructure. It identifies construction projects (typically streets, drainage, water, sewer, parks, and public buildings) that will be built over the next one year, five years, 10 years and beyond. It also guides the budgeting of funds for capital expenses, debt service, and bonding capacity.

Questions?

31 Important Acronyms

AICP – Any Idiot Can Plan B4 – Big Bland Beige Box BANANA – Build Absolutely Nothing Anywhere Near Anything CAVE People – Citizens Against Virtually Anything DBTD – Death By a Thousand Days DUDE – Developer Under Delusions of Entitlement LULU – Locally Unwanted Land Use NIMBY – Not In My Back Yard NIMFYE – Not In My Front Yard Either NOTE – Not Over There Either NIMTOO – Not In My Term Of Office NITL – Not In This Lifetime NOT – None Of That TOAD – Temporary Obsolete Abandoned or Derelict WIIFM – What’s In It For Me?

Important Terms

Bungalow Bill – tract house architect Comprehensive Flan – bland, custard-like filling in many comprehensive plans Custard Development – bland clustered development Dejavenue – impression of having seen the same street before Disneyfication – architectural fad on a community scale Generica- stores and strip malls you can see in any town in America Landscraper – landscape architect (also Blandscape Architect – a minimalist landscape architect) Litter on a Stick - billboard McPlace – standardized sense of place Pacebo – a place that has the appearance, but none of the value of a real place Privatopia – gated community run by homeowners association Ranchburger – one-story, generic southwestern tract house

32 Important Terms cont.

Scents of place – odors, smells, aromas and fragrances associated with a place Sense of Immunity – mistaken belief that a regulation doesn’t apply Snout House – home dominated by garage door

Starter Castle – also knows as a McMansion, Big Hair House and Tract Mansion

Powerpoint Poisoning – nauseous state of mind and body induced by presentations

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